HomeMy WebLinkAboutR-03-0609J-03-448
05/08/03
RESOLUTION NO. 0,1— 609
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S) APPROVING A MODIFICATION
TO A DECLARATION OF RESTRICTIVE COVENANT
("ZONING COVENANT") DATED MARCH 2, 1988
DECLARATION OF RESTRICTIONS SIGNED BUT NOT
RECORDED IN THE PUBLIC RECORDS, THE
AUGUST 26, 1998 MODIFICATION OF DECLARATION OF
RESTRICTIONS, RECORDED IN OFFICIAL RECORDS
BOOK 19264, PAGE 2326, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, AS FURTHER
AMENDED PURSUANT TO RESOLUTION NO. 00-1136,
FOR THE PROPERTIES LOCATED AT APPROXIMATELY
2960, 2980 AND 3014 SOUTHWEST 22 STREET AND
2963, 2975, 3001, 3015 AND
3019 SOUTHWEST 22 TERRACE, MIAMI, FLORIDA,
LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," IN
ORDER TO AMEND PARAGRAPH THREE OF THE ZONING
COVENANT TO MODIFY THE PREVIOUSLY APPROVED
SITE PLAN; SUBJECT TO THE PROPERTY OWNER
RECORDING THE MODIFICATION IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, the properties located at approximately 2960, 2980
and 3014 Southwest 22 Street and 2963, 2975, 3001, 3015 and 3019
Southwest 22 Terrace, Miami, Florida (the "Property"), more
particularly described in attached "Exhibit A," are subject to a
Declaration of Restrictive Covenant ("Zoning Covenant"), dated
March 2, 1988 signed but not recorded in the public records, the
L
CITY COMMISSION
MEETING OF
MAY 2 2 2003
Resolution No.
03- 609
August 26, 1998 Modification of Declaration of Restrictions,
recorded in Official Records Book 19264, page 2326, of the
public records of Miami -Dade County, Florida as further amended
pursuant to Resolution No. 00-1136; and
WHEREAS, the property owner desires to modify paragraph
three of Zoning Covenant by amending the previously approved
site plan; and
WHEREAS, the Director of the Planning and Zoning Department
has reviewed the request and recommends approval of the
requested modification to the Zoning Covenant subject to the
conditions set forth in the Planning Fact Sheet attached as
"Exhibit B"; and
WHEREAS, the City Commission after careful consideration of
this matter finds that it is in the best interest of the general
welfare of the City of Miami and its inhabitants to approve the
Modification to the Zoning Covenant subject to the conditions
set forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Page 2 of 4 03— 609
Section 2. The modification of the Declaration of
Restrictive Covenant dated March 2, 1988 signed but not recorded
in the public records, the August 26, 1998 Modification of
Declaration of Restrictions, recorded in Official Records
Book 19264, Page 2326, as further amended pursuant to Resolution
No. 00-1136, to amend the previously approved site plan is
approved subject to the property owner recording the attached
Modification to the Zoning Covenant ("Exhibit C") in the Public
Records of Miami -Dade County, Florida, for the properties
located at approximately 2960, 2980 and 3014 Southwest 22 Street
and 2963, 2975, 3001, 3015 and 3019 Southwest 22 Terrace, Miami,
Florida (the "Property"), legally described in attached
"Exhibit A."
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!/
1� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 4 03— 609
PASSED AND ADOPTED this 22nd day of Mav , 2003.
ATTEST:
n ., � r�
PR CILLA A. THOMPSON
CITY CLERK
CORRECTNESS:
W7239:YMT:smg
cX- -�
MANUEL A. DIAZ,
Page 4 of 4 03- 609
REC 10508 PG, 2339
CORAL VIEW APARTMENTS
MAJOR USE SPECIAL PERMIT
1. Legal Description: LOTS 7, 8, 10, 11, 12, 15 AND 16 BLOCK 2 OF THE
AMENDED PLAT OF MIAMI SUBURBAN ACRES -
ACCORDING TO THE PLAT WHEREIN AS DESCRIBED
IN PLAT BOOK 4, AT PAGE 73, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS AND
EXCEPT THAT PORTION OF SAID LOTS 7, 8, 10, 11,
12, 15 AND 16 LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE: COMMENCE AT THE
N.W. CORNER OF SAID LOT 16: 114 NCE 50'00 19 - W,
ALONG THE WEST LINE OF SAID LOT 16 FOR 33.24
NCT 10 THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED LINE: NCT 509 4H'50 - E.
FOR 350.21 FET TO A POINT ON THE EAST LINE OF
SAID LOT 7 AND THE POINT OF TERMINATION.
AND
LOTS 23, 24, 25, 26, 27, 28 AND 29, BLOCK 2 OF THE
AMENDED PLAT OF MIAMI SUBURBAN ACRES -
ACCORDING TO THE PLAT WHEREOF AS RECORDED
IN PLAT BOOK 4 AT PAGE 73, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS AND
EXCEPT THE SOUTHERLY 10.00 FEET THEREOF.
"EXHIBIT A" 0 _ _ 0 3— 6 0 9
r'/ wI L W's,,
PLANNING FACT SHEET
APPLICANT Adrienne Pardo, Esquire, for Coral View, LC
REQUEST/LOCATION Consideration of amending a covenant running with the land for
the properties located at approximately 2960, 2980 and 3014 SW
22 Street and 2963, 2975, 3001, 3015 and 3019 SW 22nd Terrace.
LEGAL DESCRIPTION N/A.
PETITION Consideration of amending a covenant running with the land for
theproperties located at approximately 2960, 2980 and 3014 SW
22n Street and 2963, 2975, 3001, 3015 and 3019 SW 22nd
Terrace in order to modify conditions related to vehicular access
off of SW 22nd Terrace.
PLANNING
RECOMMENDATION Approval with conditions.
BACKGROUND AND
ANALYSIS The attached request is in order to modify a recorded covenant
that restricts vehicular ingress and egress for the subject
property from SW 22nd Terrace. The modification would allow for
limited ingress and egress to serve the approved townhouse
units only. The Planning and Zoning Department finds that such
access would allow the approved units to function more like the
existing units within the neighborhood by allowing the residents to
park in front of their respective units.
The administration supports this amendment with the following
conditions:
1. Additional landscape should be accommodated within the 4
large planters depicted on the plans submitted in conjunction
with this request; and
2. The vehicular access shall be limited to the ten parking
spaces required for the ten townhouse units only; no
additional vehicular access should be permitted.
CITY COMMISSION N/A.
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
:w _.._......_......... __ ... _._____...._.__.._.....__.. Pae 1
Date: 5/14/2003 g
03-- G09
FXVi 13(4-"6 1
This instrument prepared by, or under the supervision of (and
after recording, return to):
Adrienne F. Pardo, Esq.
Greenberg Traurig, P.A.
1221 Brickell Avenue
Miami, FL 33131
THIRD MODIFICATION OF DECLARATION OF RESTRICTIONS
The undersigned, as Owner of the following described real property (the "Property"),
lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally
described as:
Lots 26 through 29, Block 2, Miami Suburban Acres Limited, Plat Book 4,
Page 73 of the Public Records of Miami -Dade County.
Street Address: 2951-2999 S.W. 22 Terrace.
IN ORDER TO ASSURE the City of Miami that the representations made to them by the
Owner will be abided by the Owner, its successors or assigns freely, voluntarily and without
duress makes the following Declaration of Restrictions (Declaration) covering and running with
the Property:
(1) This Declaration of Restrictions amends the March 2, 1988 Declaration of
Restrictions signed but not recorded in the Public Records, the August 26, 1988
Modification of Declaration of Restrictions and the March 20, 2000 Second
Modification of Declaration of Restrictions, recorded in ORB 19264 at Page 2326
of the Public Records of Miami -Dade County, Florida as specifically set forth
herein below.
(2) That this Declaration shall become final and shall be recorded in the Public
Records of Miami -Dade County, Florida and is conditioned upon the approval by
the City of Miami Commission, as requested in the 2003 Public Hearing
Application on the above referenced Property for modification and amendment of
a Certain Declaration of Restrictive Covenants dated March 2, 1988, and the
Modification of Declaration of Restrictive Covenants dated August 26, 1988 and
\\MIA-SRVOI\PARDOA\1457172v01 Wl /03
03— 609
Declaration of Restrictions
Page 2
the Modification of the Second Modification of Declaration of Restrictions; in
favor of the City of Miami and expiration of all applicable appeal periods.
(3) That the following section of the previous Declarations are amended as follows:
Paragraph C in the original 1988 Covenant is amended to
read as follows:
No vehicular access for ingress or egress into the building
shall be permitted from the south property line of the
Property along S.W. 22nd Terrace. Vehicular driveways for
the townhouses on S.W. 22nd Terrace are not prohibited."
(4) Covenant Running with the Land. This Declaration on the part of the Owner
shall constitute a covenant running with the land and shall be recorded in the
public records of Miami -Dade County, Florida and shall remain in full force and
effect and be binding upon the Owner, and his heirs, successors and assigns until
such time as the same is modified or released. These restrictions shall be for the
benefit of, and limitation upon, all present and future owners of the real property
and for the public welfare.
(5) Modification, Amendment. Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the, then, owner of the Property
provided that the same is also approved by the City of Miami, Florida, after public
hearing.
(6) Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants. The prevailing party in any
action or suit, pertaining to or arising out of this Declaration, shall be entitled to
recover, in addition to costs and disbursements allowed by law, such sum as the
Court may adjudge to be reasonable for the services of his attorney. This
enforcement provision shall be in addition to any other remedies available at law
or in equity or both.
(7) Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be
deemed to constitute an election of remedies, nor shall it preclude the party
exercising the same from exercising such other additional rights, remedies or
privileges.
(8) Severability. Invalidation of any one of these covenants, by judgment of Court,
in no way shall affect any of the other provisions which shall remain in full force
and effect.
(9) Recording. This Declaration shall be filed of record in the public records of
Miami -Dade County, Florida at the cost of the Owner following the acceptance
by the City of Miami.
\\MIA-SRVO1\PARDOA\1457172vO1\4/l/03 03-
Declaration of Restrictions
Page 3
Signed, witnessed, executed and acknowledged this day of .2003.
OWNER:
[Corp. Name], a Florida corporation
By:
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of ,
2003 by , as of a Florida
corporation, who is personally known to me or produced a valid drivers license as identification.
My Commission Expires:
Notary Public
Sign Name:
Print Name:
\\MIA-SRV01\PARDOA\1457172vOl\4/l/03 03- 60C9.
0422/93 14:57 GREFNBERG TRAURIG - 3054162035 NO.522 D02
AdlieW FtiesW Pardo
(305) !79-0683
Direct Fax: (305) 961-5683
"WE Fe1i0&Q8&W.00m
HAM DELIVERY
Ms.:Ana Gelabert-Sanchez
Director, City of Miami
Planning Department
444;S.W. 2nd Avenue, 3rd Floor
Miami, Florida 33130
MIUM
I fl I U B I 6
iwl 22, 2003
Re: Coral View - MUSP Resolution No. 00-1136 (Modification to Covenant)
Dear Ana:
Nz - 4
On behalf of the Coral View, LC. ("Coral View'), we are submitting a request to modify the
enclosed Covenants in order to clarify the intent and modify paragraph C of the Covenant. Coral View is
requesting to have up to ten (10) driveways for the ten (10) townhouses on S.W. 22nd Terrace. There will
be no vehicular access, from S.W. 224 Terrace into the building.
The language in the existing Covenant is ambiguous and we believe the intent was to prohibit
vehicular ingress and egress to any proposed building of to prohibit driveways which are similar to
those existing in single family and duplex districts. In f*t, the duplex homes across the street have
similar driveways as that which is being requested. However, pursuant to a letter Coral View received
from your department, we are following your instructions and requesting this modification to the
Covenant. The amendment to the Covenant is being made due to market conditions. Coral View opened
their sales office on February 3, 2003 and out of 216 high-rise units, they have contracts and reservations
for 60% of the units. However, all potential purchasers have requested having a driveway in front the
townhouses on S.W. 22°d Terrace, and therefore there are no contracts or reservations for the 10
townhouse units.
We have enclosed a check totaling $2,000 for the application fee for an appearance before the
City Commission to modify the Covenant. Thank you very much for your attention to this matter. Please
call me at (305) 579-0683 if you have any questions.
Very truly yours,
Gluilwt
Adrienne Friesner Pardo
cc: Mr. Willy Bermello
Ms. Vivian Bonet
\WIA-SRVOI\PARDOA\1457373vO2\V8SL021.DOCAIJM3
G.8ENRRRc TRAURIG, P.A.
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131
305-579-0500 FAx 305-579-0717 www,gtlaw.com
MIAMI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TVsONs CORNER CIIICACO BOSTON PnorsIx WILMINCT(IN Los ANGRLEs Dzmv£H
FORT LAUDERDALE SOCA RATON WEST PALM BICACTI ORLANDO TALLAHASSEE 03- 609
og- I gZ6W- 26
RE:C.
t
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04 4 �4r�FS 3. 2000 AUG sl 13:28 1
This inshrmeat prepared by
arut when recorded retun, to
KVk* Garda-tdedo, Esq.
BVafn Sumberg Dunn Price & Axelrod LLP
2500 Fust Union Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-2336
(Space Above For Recorder's Use Only)
SECOND MODIFICATION OF DECLAMTION OF RESTRICTIONS
The undersigned, as Owner ofthefoibwing described real property (the "Property"), 9
lying, being.and situated in the City of Miami, Miaml-Dade County, Florida., and legally
described as:
.i
Lots 26 through 29, Block 2, Miami Suburban Acres Limited, Plat Book 4,
Page 73 of the Public Records of Wiami-Dade County.
Street Address: 2951-2999 S.W. 22 Terrace.
IN ORDER TO ASSURE the City ofMami that the representations made to them `
by the Ownerwill be abided by the Owner, its successors or assigns freely, voluntarily and
without duress makes the following Declaration of Restrictions (Declaration) covering and
running with the -Property:
(1) This Declaration of Restrictions amends the March 2, 1988 i
Declaration of Restrictions signed but. not recorded in the Public
Records and the August 26, 1988 Declaration of Restiictions as Q
specdically set forth herein below.
(2) That this Declaration shalt become:final and shag be recorded in the .
Public Records of Mianri-Dade County, Florida and is conditioned
upon the approval by the City of Miami Commission, as requested in
Bearing the 2000 Public Application on the above referenced Property
I& modification and amendment of a Certain Declaration of
Restrictive Covenants dated March 2, 1988 and Modification of
o OMSI M12r OZ79W4.0t
MX00
03, q09
'FF. 1926002327
Esadaration of RufflaUarm REC.Page 2
Ded@iMdqn ofRe.stil Cove q* Ogftd August 28,1988; in favor
of th6 Cfty'of Marini and *IrittlOh of all ii)pliciilile appeal periods.
(3) That the following sections of the previous 1988 Declaration are
amended as follows:
Paragraph A is to be deleted in its entirety.
Paragraph 8 is to be deleted in its entirety.
Paragraph C to remain as is in the original 1988 Covenant.'
Paragraph D is amended to read as follows:
"D.. Thatthe Propeirty shal.be developed in
substantlalzoqj�.Wii �lthlfii �Iaii.prepared
by .o4aners naO6d Coral
reWA,M, .15,2000, and
made with
the'60,
any kriWdeviationsi6 the concept . plan; in the
event that the final plans do not require a Major
Use Sp"I Permiu,
Paragraph E to be deleted In Its entirety.
Paragraph F is amended to mad as follows:
T. Owner agrees .to contribute the sum of,
$5,000 tothe Park ImproverhentTnLst Fund prior
the Ceff
to issuance of the Icales Of Occupancy for
any building to be constructed on the Property."
Paragraph G to bi deleted in its entirety.
(4) Covenant Running MO the Land This Declaration an the pad of
the Owner shall constitute a covenant running with the land and shall
be recorded in the public records of Miami -Dade County, Florida and
shall remain in full force and effect and be binding upon the Owner,
and his heirs, successors and assigns until such time as the same is
GZZ1=740MX1273M7S60401
2M= -2-
03- 600
OFE 19264192328
Declaration of Restrictions
Page 3
modified or released. - These restrictions shall be fvr the benefit of,
and limitation upon, all present and future owners of the real property
and for the public welfare.
(5) Modification. Amendment. Release. This Declaration of Restrictions
may be modified, amended or released as to the land herein
described, orany portion thereof, by a written instrument executed by
the, then, owner of the Property provided that the same is also
approved by the City of Miami, Florida, after public hearing.
(8) E0dor_cem1t Enforcement shall be by action against any parties or
pem n' violating, or attempting to violate, any covenants. The
prevailing party in any aafron or suit, pertaining to or arising -out of this
Declaration, shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the Court may adjudge
to be reasonable for the services of his attorney. This enforcement
provision shall be in addition to any other remedies available at law or
in equity or both.
(7) Election of Remedies. All rights, remedies and prrvileges granted
herein shall be deemed to be cumulative and the exercise of any one
ormore shall neither be deemed to constitute an election of remedies,
nor shall it preclude the party exercising the same from exercising
such other additionat.rights, remedies or privileges.
(8) 5everabil'fi►. Invalidation of any one of these covenants, by
judgment of Court, in no way shall affect any of the other provisions
which shalt remain in full force and effect.
(9} Recording. This Declaration shall be filed of record in'the public
records of Miami -Dade County, Florida at the cost of the Owner
following the acceptance by the City of Mlami.-
G.WL s QM1ZrVW96oaoi
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03- 609
,` ��`;'•`•"• • Cif.
REC.,
QprAmtton of Restrictions
Page 4
Signed, witnessed, executed and acknowledged this today ofldyrin
2000, '
OWNER:
CHALLENGER INVESTMENTS; INC., a Florida
corporation
By. .
Amarlcio Suarez, Managing Director
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI-DADE )
The foregoing .ir#M!T!ent was acknowledged before me • this day of
K14nch : 2000 bt%Amanclo Suarez. Managing Director of Challenger investments,
FtoRda., —Pbriiticn, who is personally known to me or produced a valid drivers
Iicense as en n.
My Commission Expires%
o�tctiu.
JQANM'r VJAYl7•
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4
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t74=tY7371 Zn=4.C1
2MMM -4-
03- 609
T £^'
X' FF. 9264N2330
OPINION OF TITLE
To: CITY OF MIAMI, a municipal corporation
With the understanding that this Opinion of Title.is finnished toCITY OF MIAMI,
FLORIDA, as inducement for the acceptance_ of a Second Modification of Declaration of
Restrictions ("Declaration") respecting the Property (as hereinafter defined), it is hereby certified
that we have examined, as to the following described parcel of real property (the "Property"):
Lots 26 and 27, less the South 10 feet thereof and Lots 28 and 29, Block 2 of
MIAMI SUBURBAN ACRES AMENDED, according to the Plat thereof, as
recorded•in Plat Book 4 at Page 73 of the Public Records of Miami -Dade County,
Florida;
Commonwealth Land Title insurance Company Title Search ReportNo. FM795537 bearing
an effective date of May 2, 2000 it 6:00 a.m.
Based solely upon a review of the foregoing title evidence, I am of the opinion that as of
May 2, 2000 at 6:00 A.M., record fee simple title to the Property was vested in Challenger
Investments, Inc., a Florida corporation subject to the following encumbrances, liens and other
exceptions:
1. RECORDED MORTGAGES:
a. Mortgage from Challenger Investments, Inc., a Florida corporation to TotalBank,
dated February 1, 1999, recorded February 12,1999 inOfficial Records Book 18477,
page 420; said Mortgage being modified by Modification of Mortgage, dated June
3, 1999, recorded June 15,1999 in Official Records Book 18651, Page 2666.
b. Mortgage Deed and Security Agreement and Assignment of Leases and Rents, dated
July 16,1987, recorded July 27,1987 in Official Records Book 13359, Page 52; said
mortgage assumed by Mortgage Assumption and Spreading Agreement between
Atica Savings Bank, a Florida corporation (now known as Nationsbank by merger)
and Challenger Investments, Inc: dated March 21, 1990, recorded March 23, 1990
in Official Records Bbok 14482, Page 40; andNotice ofLimitation, dated February
1, 1999, recorded Ame 3, 1999 in Official Records Book 18634, Page 2385.
C. Mortgage Indenture from Challenger Investments, Inc., a Florida corporation and
Jorge Rodriguez in favor of The Trust Bank, .dated January 8, 1987, recorded in
Official Records Book 13145, Page 2199, said mortgage assigned to Republic
National Bank of Miami by Assignment of Mortgage (now known as Union Planters
Bank by merger), dated May 25, 1988, recorded July 7, 1988 in Official Records
G:IDMS 7403%1273W295&08.01
sma000
03. 600
``�•
RLC. 192fidP'233.1.
Book I3739, Page 2660; and modified by Modification of Mortgago acus wore ana
Spreader Agreement, dated March 11, 1997; recorded March 17, 1997 in Official
Records Book 17563, Page 466I; and Notice of Limitation recorded June 3, 1999 in
Official Records Book 18634, Page 2384.
2. RbCORDED MECHANICS LIENS CONTRACT LIENS LIS PENDENS AND
JUDGMENTS: —
NONE
3. GENERAL EXCEPTIONS:
d. All taxes for the year in which this opinion is rendered and prior years.
C. Rights or claims of persons other than the above owner who are in possession.
f. Facts which would be disclosed by an accurate survey.
g. Any unrecorded labor, mechanics' or materialmens' liens.
IL Zoning and other restrictions imposed by governmental authority.
4. SPECIAL EXCEPTIONS:
a. Declaration of Restrictive Covenants dated May 19, 1995, recorded April 4, 1996 in
Official Records Book 17154, Page 3877 and re-recorded September 13, 1996 in
Official Records Book 17352, Page 3626.
b. Lease in favor of Viva America Media Group recorded October 13, 1989 in Oficial
Records Book 14290, Page 1140.
C. Assignment ofRents and Profits between Challenger investments, Inc. and The Trust
Bank, dated January 8, 1987 in Official Records Book 13145, Page 2207.
CL UCC -1 Financing Statement recorded in Official Records Book 17563, Page 4666.
e. City of Miami Code Enforcement violation, recorded March 17, 1994 in Official
Records Book 16286, Page 3749.
Note: All ofthe instruments referred to herein have been recorded in the Public Records of Miami -
Dade County, Florida, unless otherwise indicated.
G OMS174039112737W295808.01
5=000
2
03- 609
s. �i^:r.�.�:. ��= ;':,ilk' � .`�� r:��:`+.+w:,,>,C�,.T*r'�•�r,�,�..��T�;'-^-,';T'-'•^i?�"r.-'�.,:
�R I9264V-332
Therefore, based solely on a review of the foregoing title evidence, I certify that (i) the following
parties are the only parties holding record fee title to the Property or holding a mortgage interest in
the Property of record:
NAME
�` "
Challenger Investments, Inc.,
a Florida corporation Fee Owner
ToWBank
Mortgagee
Nationsbank (successor by merger
with Atico Savings Bank) Mortgagee
Union Planters Bank, N.A. (successor by
merger with Republic National Bank of Miami,
N.A) Mortgagee
and (ii) Challenger Investments Inc, TotalBank, Nationsbank (successor by merger with Atico
Savings Bank), and Union Planters Bank, N.A. (successor by merger with Republic National Bank
of lvliami, N.A.) 'are the only parties that must join in the execution and delivery of the
aforementioned Second Modification of Declaration of Restrictions.
I further cert* that IamanAtto:ney-at Law duly admitted to practice in the State ofMrida,
and am a member in good standing of the Florida Bar.
Respectfully submitted as of #hist f day of May, * O. -
Jo M. Ibba.. President of
M. P.A., partner of
B ERG DUNN PPJJ= &
A)dEID LLP
nst Union Financial Center
Na"I Florida 33131
PRONE: (305) 3747580
(Notary acknowledgment on following page)
G-.0M5V4039ktZ73T 02M08A1
5!23/2000
03— 609
REC. 1,73LUafULJJJ
STATE OF FLORIDA
ss:
COUNTY OF MIAMI -DARE
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me this %X0 day of May,
2oM by. John NL Kuhn, as'President of John M. Kuhn, P.A., a Florida. corporation, on behalf of
such corporation, as a partner and on b&WofBUZK StMMERG DUNK PRICE & AXELROD
LLP, a Florida limited liability partnership; such individual is persbnally known to me.
10
Sign Name:
Print Name: OFEMMUL-MMMSEAL
MAPJACAM
Notary Public M0rARYPLMMXrAl2PFR0=A
mmw=NMCCMW
Serial No. (none ifbiank): aY
My Commission Expires:
[NOTAPJAL SEAL
G.1DM74039%12737\0295M-01 4
U234M
03- 609
11-M-1961 a:e2nr-1 FR04 �c:1926 334
Thq undersigned. Union Pfar4em. a Florida, ltsr.�(�Hsg corpo don(nando ), the
r+wMq�s)dee -yrd c :Vat #•�erta�n •.mor ga , firm 14.0.0hp-fnveshnents. Im. a Florida
corporawn and Sart .R Qz In h ofihQ3sc*-*hk (now known as Union Planters
saw* fnaer, .ria�ed:lauary at Cit3ciat ids Book 13445, Page
2199; said Jo Rerwb6c Nabopal Bank of Miami by Assighnant of
Mo ftv�t.(novr i?t . sc Union Planters Bank by rteerger� dated May 23,1988. recorded
duly T,'1986.in,Q.f f. , and modi
. ep ds Book 19739: Page ?690: fied Modifioapon of
tufartga�e:�ridNotB.end SPteadefAgrsernentdaWd March 1.1;1947, nmmWi March 17.
1997 in ttte ffwcaat.Reowds• Book 1750. Pags 4661; OW No**,Df t igWdadw fecorded
dude 3. 1999, in OtFi W Records Book 18834. Page 2384, does hereby sOrmdedge that
the terms of attached Dedacation of Rashir bone areand shelf be binding upon the
underslpw and its w=ssors In eik and AO survive any%recbsur+e of said mortgage.
_. IN W MESS WHEREOF, thm preserts have been executed this eFday of
U 1 2000.
Witnesses:
' Narna: �- z qL•e L
STATE OF FLOWA
Fil
COUNTY OF MIAMI -RADE
• � �a►itl
[CORPORATE SEAL]
[H0M To t» %mGCUW b1 mm
offim. prtswatsr; or Woprvswd"L,
as odras waw* anuhn"1 ed al watt
ewpoarw rssoWtwaf of tea.}
TheforegobVinstrurnentwasadcnowledged methis-ydayof .
21300, by +►�ci.o�yak f. F? . as � of tkwm Plantefs Soik, a
Florida banWM corporation, on behalf of said corporation: such Individual i9 perionally
known t+o me or has produced a driver's ![Dense as Iden ' - J � ? �G
My Commission Expires.
My Putme, state at ftorwaa
[NOTARIAL SEAL] Pwn1t Name:
�-v C+xtat+irM�feCCeS�1ta
JU-23-20W 14:22
P. 1
P,02
03-- 609
� �'_*'irr .;;.-4i�*F�.-:F.4: o, ta; .'y�';,'J'c@�•ciS i�•?lT. *s;^,�i� ,� , r'n 1...-. I. •.;35" . o• .. , �
� � yK,. a �.... .. a �•.
R�G.19 2 64 NZ335
f
MORTGAGEE'S JOINDER TO bECLARATiON OF RESTRICT[
ONS
The undersigned, Total. Hank, a Florida banking corporation ("Lender'), -the
mortgagee under that certain mortgage, from Challenger Investments, Inc., a Florida
Corporation to Lender dated February 1, 1999. recorded February 12, 1999 in Official
Records Book 16477, Page 420; togatherwith a Moditiraation of Mortgage, dated June 3.
and recorded June 15, 1999 in Official Records Book 18651, Page 2666 of the Public '
Records of Miami -Dada County, Florida, does hereby acknowledge that the terms of
attached Declaration of RestrfiAons are and shall be binding upon the undersigned and
its successors in tide and shall survive any foreclosure of said mortgage.
IN WITNESS WHEREOF, these presents have been executed.this day of
Tj L . *9e. zoo 0
Witnesses; TOTAL K. o F da banking
By' ► � y..� r
Print Name: ern ;
e: art DEN'
[CORPORATE SEAL]
Print Na
INOTE: To ba executed by Chlff
oftioer, pCoxident, ar VEce. • �.,,`,
all othe-mclulnr attachnu+nt` a :
corporate resolution ofVk
.,_A
STATE OF FLORIDA
1
COUNTY OF MIAMI-DADE } ,y'hhn,uut++���`�`\�
T foregoin instrume was acknowledged before rriethisAf day of ,
2000, by i v+� . as.+t• Qgpf Total San a Fl da
banldng corporation, on behalf of said corporation; such' individual is personally known to
me or has produced a driver's license as Identification.
My Commission Expires: • � e
No Public, State of , r
[NOTARIAL SEAL] Print Name:,M Xlei
Yana I Rocs ices
/ DQ 176974
�gr.dd Srua
AtLnlieHaai.� �. Iae.
900'a
'1V '13m3gt1QS `Nizglq ct: it (3A,6100 J I- 'gftl
03- 60
•�^---�'-
F,�� ���.... "" =' C �ss��=�—,k�•� _.'�'��+� Zrc�.^t.c�'.—•., rr-^ v_�`-i_v_h��.s•"'.� �_.i
20'39W £@SZ rL£ sed • 9Z:0 owe-. V_ W:
BEC.
MORTGAGEE'S JOINDER TO DECLARATION OF RESTRICTIONS
The undersigned, Bank of America, N.A., successor by merger with NationsBank:
successor by mergerwith Atico Savings Bank a Florida banking corporation ("Lender"} the
mortgagee under that certain Mortgage Deed and Security Agreement and Assignment of
Leases and Rents from Challenger Investments, Inc., a Florida corporation, to Lender,
dated July 16, 1987, recorded July 27, 1987, recorded in Official Records Book 13359,
Page 52, recorded July 27,1987; said mortgage assumed by Mortgage Assumption and
Spreading Agreement, between Abco Savings Bank, a Florida corporation (now known as
NationsBank by merger) and Challenger Investment, Inc. dated March 21. 1990, recorded
March 23, 1990 in Official Records Hook 14482, Page 40; and Notice of Limitation, dated
February I.,1999,.recorded June 3, 1999 in Official Records Book 18834, Page 2385 of
the Public Records of Miami -Dade County, Florida, does hereby acknowledge that the
terms of attached Declaration of Restrictions are and shall be binding upon the
undersigned and its successors in title and shell survive any foreclosure of said mortgage.
IN WITNESS WHEREOF,. these presents have been executed this 28thc ' ;•;'.70
June , 2000. o r•••;',,,�•, (rs
Witnesses: BANK OF AMERICA,gla S'
bankIn
N e: Jac%n ine Davis Name' O&H
Title: Vice -Pres i dent
4-a- [CORPORATE SEAL]
Print Name: Kara D. Haeussner
[NOMI To be examied by Mat ExeaitNe
Otticer, Prasldent or vta•Presldent;
all others requln attachment or ortotnel
corpmate reaolutlon oP authortntlon.l
STATE OF KENTUCKY
SS:
COUNTY OF JEFFERSON
The foregoing instrument was acknowiedgtkAbefare me this 28tlday of June ,
2000. by Nlariorie C. Volta -.as ce- Bank of America, a hational .
banking aWdadon, on behalf of said corporation; su • m nridual Is personally known!td ,
me or has produced a driver's license as Identification, •.-tom.'
My Commission Expires: 8-26-2002 ' JI
Notary Public,b
, W-1.6;
[NOTARIAL SEAL] Print Name: Pa ic`. IC'.•;..
FaeeUrac�Ea.vDR+nAc Cvaosa00a t A!'"C `
aFourcoLvey Ro201
REG'OFV WWOVD
HARVEY RUYIN
ccEwomwcounr
zoo '1 Sb:. 5-2 CH:121 i%1%•%1%1�'13'9h381i:.S'`:Z1i8 Gi :' (ax o0 8i: -'1.1r
.4
X03-- 609
n
01/11/1994 21:38 30r 14559
Cosmo PAGE 16
MODIlIC2LTI0R DF
DECLMTIOK OF HSSTRIC:TTVB COVMU-NTS
This Modification of Declaration of Restrictive Covenants is
10
made this day of Aro 6oSf ; 1988, by Challenger Investments,
Inc., a Florida corporation, and Jorge Rodriguez ("Owners"), in
favor of the City of Miami, Florida, a municipality of the State
of Florida.
W I T H E S S E T H•
WHEREAS, the Owners hold Fee -simple title to certain prop-
erty in.theCity of Miami, Florida ("the City"), consisting of
Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per
the plat thereof recorded in Plat Book 4, Page 73 in the Public
Records of Dade County, Florida (the "Property"); and
WHEREAS, a Declaration of Restrictive Covenants (hereinafter
referred to as the "Declaration"), in favor of the City of Miami
was recorded in the Public Records of Dade County in Official
Record Book at Pages which placed certain restrictions
and conditions on the use of the Property;
WHEREAS, a public hearing was held before the City
Commission of the City of Miami on June 23, 1988, at which
hearing the modification of Paragraph "B" of the Declaration was
approved by Ordinance No. 88 as follows:
FROM Landsca Buffer and Wall. Prior to the
sauance of a build ng permit on the
Property, Owners shall obtain approval of a
landscape plan from the City of Miami
Planning Department which plan shall reflect
a landscape buffer with a width of twenty
(20) feet along the entire south property
line of the Property along S.W. 22nd
Terrace. This buffer will contain land-
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of rhe
Property shall be installed in conformity
with said landscape plan; and the owncrs
shall also be responsible for the permanent
Prepared by:
Sheila T. Wolfson, Esq.
Greenberg, Traarig, Hoffman
Lipoff, Rosen i Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
A3_
609
81/11/1994 21:38 30' '04559 COSMO
scaping inclined towards a six foot high
masonry wall which Owners shall construct at
the northern boundary of the twenty foot
landscaping buffer. The landscaping of the
Property shall be installed in conformity
with said landscape pian; and the Owners
shall also be responsible for the permanent
maintenance of the landscaping on the Prop-
erty. This wall will be constructed at the
time of development of the Progerty in
accordance with Paragraph G herein.
PAGE 17
Except as herein amended, all provisions of the Declaration
shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this nZday of Anr_oc'r , 1988.
Witnesses: CHALLENGER INVESTMENTS, INC., a
Florida corporation
(SEAL)
i
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared
gl�aur-Tn crraIM7,.' , the MAN,4GSN4ZD=Cr0Rof Challenger Investments,
Inc., who acknowledged on this day of , 1988,
that he had the authority to execute the foregoing instrument for
the purposes expressed therein.
NOTARY PUBLIC
State of Florida At Large
Hy Commission Expires: .
Nowy paw sLto o1 R
Mr r+w�.isrion m,da Feb. U,
3 -
03- 60 1.9
01!11/1994 21:38 3' 14559 COSMO PAGE 18
STATE OF FLORIDA
) SS:
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared
JORGE RODRIGUEZ and acknowledged on this day of ,
1988, that he executed the foregoing instrument for the purposes
expressed therein.
My Commission Expires:
- 4 -
rliotup�.ho�pfc.�ysut.t� off F6,L
7.
NOTARY PUBLIC 3 "
State of Florida At Large
03- 609
01/11/1994 21:38 305E '59 cosmp PAGE 19
Ij
PASSED •-'.. •5• :,.; . .- ;
AND ADOPTED ,tills''. : •n, .- f' tr.
Y o `..: 1988.
MVI , 'fir
ATTEST:
XAVIER L.•SDARE2, !lAYOR
MATTY t1IRAI, City Clerk'- _-'.
PREPARED AND APPROVED'!!"?�
v;
.......................
MII ,
Assistant City Attorney
APPROV � � `L
ED AS TO FORM AND CO F''1:
CTNZSS
JORG
L. RNAND
City ttorne Z ;r•�; :,:,•
GMM/ccl/M686 U'.^:!?
• _ •; •:ice.,: .. .lt .�,..; L�•"�-• � / ,'ri:.
Al 1
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;..' },: ice:'?:V ; ! • ;'(:
•rw_s it rl.• _may..` �, '•['
IN
Vp
609
' . ^. r:fj. �:^.%•1.� 7�•"%'wit"',•`:•:-'':�, •• :��
• •�'` a y~ iii. '��� :;�;: .•
6Z .�.� � :j�'•t's'SI[ss: i°��:.: tom, 4.� .� �, � :. " •,:.
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Adrienne F. Pardo
, who being by me first deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Code of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed on the
foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and complete
permission for him/her to act in his/her behalf for the accompanying petition, ❑ including
responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries
in which case he/she should be contacted at (305) 579-0683
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of which
he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
Adrienne F. Pardo
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant Signature
The foregoing instrument was acknowledged before me this day of
2003, by Adrienne F. Pardo who is a individual
personall kno or who has produced as identification
and who did (did not) take an oath. n n
(Stamp) Signature
MARISOL R GONZALFZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. DD148882
v3- 609
OWNER'S LIST
Owner's Name Coral View LC
Mailing Address 2601 S. Bayshore Drive, Miami, Florida Zip Code 33133
Telephone Number (305) 859-2050
Legal Description: See attached Exhibit 1"
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 500 feet of the subject site is listed as follows:
Street Address Legal Description
None
Street Address Legal Description
Street Address Legal Description
03- 609
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
2960, 2980 and 3014 S.W. 22nd Street and
2963, 2975, 3001, 3015 and 3019 S.W. 22nd Terrace,
See attached Exhibit "1"
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City
of Miami requires disclosure of all parties having a financial interest, either direct or indirect,
in the subject matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries
of trusts, and/or any other interested parties, together with their addresses and proportionate
interest.
See attached Exhibit "2"
3. Legal description and street address of any real property (a) owned by any party listed in
answer to question #2, and (b) located within 500 feet of the subject real property.
None
Adrienne F. Pardo
0 -
Owner or Attorney for Owner Name Owner or Attorney for Owner Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2003, by Adrienne F. Pardo who is an indlividua personally
known to me -.or who has produced as identification and
who did (did not) take an oath.
(Stamp)
Signature
SAL NOTAR S A L
L
�Y RR GONZ U2
N�18L1C"— �'�RiDA -SOF
COMMrSc,• ` L ,vO, DD148M
PT ]7
03— 609
CORAL VIEW APARTMENTS
MAJOR USE SPECIAL PERMIT
Legal Description: LOTS 7, 8, 10, 11, 12, 15 AND 16 BLOCK 2 OF THE
AMENDED PLAT OF MIAMI SUBURBAN ACRES -
ACCORDING TO THE PLAT WHEREIN AS DESCRIBED
IN PLAT BOOK 4, AT PAGE 73, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS AND
EXCEPT THAT PORTION OF SAID LOTS 7, 8, 10, 11,
12, 15 AND 16 LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE: COMMENCE AT THE
N.W. CORNER OF SAID LOT 16:114 NCE 50'00 19 - W,
ALONG THE WEST LINE OF SAID LOT 16 FOR 33.24
NCT 10 THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED LINE: NCT 509 4H'50 - E.
FOR 350.21 FET TO A POINT ON THE EAST LINE OF
SAID LOT 7 AND THE POINT OF TERMINATION.
AND
LOTS 23, 24, 25, 26, 27, 28 AND 29, BLOCK 2 OF THE
AMENDED PLAT OF MIAMI SUBURBAN ACRES -
ACCORDING TO THE PLAT WHEREOF AS RECORDED
IN PLAT BOOK 4 AT PAGE 73, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS AND
EXCEPT THE SOUTHERLY 10.00 FEET THEREOF.
. 0
EXHIBIT "1" _
03- 60
Exhibit '1211
Coral View, LLC.
Challenger Investment 50 %
Armando Suarez
Bap Coral View, Inc 25%
Willy Bermello -37.50%
Luis Ajamil -37.50%
Henry Pino -25%
JVRP Developers, LLC 25 %
Jose Antonio Villegas
03- 609
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RECORD AND RETURN TO
REAL ESTATE CLOSING DEPT.
RUMN, McCLOSKY, ETAL
701 BRICKELL AVENUE SUITE 1900
MIAMI, FLORIDA 33131
This Document Prepared By and Return to:
MARTIN LEVINSON, ESQ.
11533 South Dixie Highway
Miami, Florida 33156
ParcellDNumber: 01-4116-009-0230
Warranty Deed
Etc 19573 p6.4644
u 1Fc 151656 2001 HAR 29 15:52
DOCSTPDEE 0.60 SURTX 0.45
HARVEY RUVINr CLERK. DADE COUNTYr FL
This Indenture, Made this day of March , 2001 A.D. , Between
CHALLENGER INVESTMENTS, INC., a corporation existing under the laws of
the State of Florida
of the county of Miami -Dade State of Florida , grantor, and
CORAL VIEW, L.C., a Florida limited liability company
whose address is: 2601 South Bayshore Drive, Miami, Florida 33133
of the County of Miami -Dade
State of Florida , grantee.
Witnesseth that the GRANTOR, for and in consideration of the sum of
------------------------TEN DOLLARS ($10) ---------- -.------------ DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate,
lying and being in the County of Miami -Dade State of Florida to wit:
Lots 7, 8, 10, 11, 12, 15 and 16, Block 2, of AMENDED PLAT OF MIAMI
SUBURBAN ACRES, according to the Plat thereof, recorded in Plat Book
4, at Page 73, of the Public Records of Miami -Dade County, Florida,
less and except that portion of said Lots 7, 8, 10, 11, 12, 15 and
16, lying Northerly of the following described land; commence at the
NW corner of said Lot 16, thence South 00° 001 190 West along the
West line of said Lot 16, for 33.24 feet to the point of beginning of
the following described line; thence South 890 481 5611 East for
350.21 feet to a point on the East line of said Lot 7 said point
being 33.14 feet South of the N.E. corner of said Lot 7 and the point
of termination.
AND /
Lots 23, 24, 25, 26, 27, 28 and 29, Block 2, of AMENDED PLAT OF MIAMI
SUBURBAN ACRES, according to the Plat thereof, recorded in Plat Book
4, at Page 73, of the Public Records of Miami -Dade County, Florida,
less and except the Southerly 10.00 feet thereof.
Subject to restrictions, reservations and easements of record,
without reimposing same, if any, and taxes subsequent to 2001.
and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of.all persons..whornsoever
In Witness Whereof, the grantor Has Hereunto set its nava and seal the day and year first above written.
Nr ,
Si d,"edanlivered in our presence:
ENGER INVESTMENTS,
Y
rinted �Vftzrt.,J G-E✓/,t/$dn%
,ancio V. Suarez
z
Witness
President
P.O. Address: 10450 NW 31 Terrace, Mlami, F7.35J'
^',•":i�z,�
Printed Name: �j�,t �t 1
RECCRDW Md Fschk AwcoV sgoo.
Witness —
CF041xc—. ao�
RECORD VERIFIED
HARVEY RUVIN
`E!' 't dACUir coURr
(Corporate Seal)
STATE OF Florida
COUNTY OF Miami -Daae
The foregoing instrument was acknowledged before me this � / —t
Ci day of March , 2001
Amancio V. Suarez, President of CHALLENGER INVESTMENTS, INC., a
Florida Corporation, on behalf of the corporation
he is personally known to me or he has produced his Florida driverS icense as iden ' u n
1
TVBipires
WCatnttMakneconlMl a
M.McVidw�� G il'Moch04,2005 Printed Name: l
Notary Public
My Commission Expires: j�
ML/amr V
.UAREZ
by
Law Gmwed by O Display Sr xi, Inc. 2000 (863) 7633555 Fa , FLwD-1
03-" 609
Mar 22 01 11:21a Metro -Dade Title (305)442-1945
RECORD AND RETURN TO
REAL ESTATE CLOSING DEPT.
RUDEN,McCLOSKY ETAL
701 B MIAMI, FLORIDA 33131 ELL AVENUE SUITE1900 0 E C 19-073 PG. 4640
71,13 n—cut ►rspared By ants Return to:
AIMAND0 J. BUCELO, JR„ ESQ.
M;TRO-DARE TITLE CO.
1"01 PONCE DE LEON BLVD.
SHITE 401
CORAL GABLES FL 33134
Panel IUNumber: 01-4116-009-0230
G::attee #I TIN:
Grmtce #2 TIN:
Quitclaim Deed
This Quitclaim Deed, Made this day of Marcie
K,!LREN M. FABELO, A SINGLE WOMAN
p.4
O 1R 15 1654 2001 MAR 29 15:52
DOCSTPDE£ 0.60 SURTX 0.45
HARVEY RUVIN9 CLERK DADE COUNTY, FL
, 2001 An., Between
of the r of MIAMI -•DADS State of Florida grantors, and
CRALLBNGER INVESTMENTS, INC., a Florida Corporation
h<.,eaddr—,ie: 10450 N.W. 31st Terrace, Miami, Florida 33172
of tee County of Miami -Dade , State of Florida , grantee.
Witnesseth that the GRANTORS, for and in consideration of the sum of
-- - - - - - - ----- --- -- - - --- - TEN DOLLARS ($10)----------------------- DOLLARS,
end other Ennll and valuable --id—tion to GRANTORS In hand pard by GRANTEE-, the receipt whereof is hereby acknowledged, have
;ranted, bargained and quitclaimed to the said GRANTEE and GRANTEPS heirs, successors and assigns forever. the following d•scribai land, situate,
ying and being in the County of MIAMI -DADE State of Florida to wit:
Lot 29, Block 2, of MIAMI SUBURBAN ACRES AMENDED, according to the
Plat thereof, as recorded in Plat Book 4, Page 73,of the Public
Records of Miami -Dade County, Florida.
F_-CORDWW0* CLk 1VCO1lOSBOOK
OFLIIDEDOWry, RORRla
RECORD VERIFIED
HARVEY RUVIN
CLERK CIRCUIT COURT
To llave and to Hold the same together with all
and singular the apptttmnanecs thereunto belonging or in anywise
alpeRaining, and all the estate, right, title. intema. lien, &.r.ity and claim whataocvor or grantors, either in law or equity, lot
cite use, benefit and profit of the said grantee forever.
In vVitness Whereof, the grantors have hereunto set her
hands and suis the day and year first above written.
Slgm:d and delivered in our presence:
Printed Name L � —
XA"N M. FABELO
Wi tz
P.o.Address: 3429 S.W. 23rd Terrace
Miami, Florida 33145
—
Pritnted Name:��„ A eLo
Witness
STATE OF Florida
CO[iNTX OF MIAMI-DADr, p
lim foregoing instrument was acWwwlWgcd before me this '19 p day of March
KAREN M. FABELO
who air: personally, known to me or who have produced their Florida driver t 81 ias iderlllication.
myc BERT > C Prin d Name:
'"typvy)pet8,2W4 Notary Public --
aaldMTaQt0w9,OKW10rI�Alw1 My Commission Expires:
L—(3 d by o al496Y Sr,- Ira.. I'M (911)71.51.15 -1I FLQ=-1
2001 by
03- 609
s.
81/IL/1994 21:38 284559 cosmo PAGE as
This Declaration of Restrictive Covenants by Challing'ar
Investments, Inc., a Florida -corporation, and - Jorge Rodriguez
(*Owners,), in favor of the; City* 'a MiiLii J" Florida; a
municipality of the State of Florida.
W=R?-AS; the Owners hold im,21 i title "to certain /prop-
erty in the City of Miamir•rikotilla("the cttyl) consisting of
Lots 29.through 29, Black 2, Mima SCEU-mi Acpm LIMITED, as per
the plat thereof recorded jn Plat.Book 4, Page -73
in the Public
Records of Dade County, Florida:(the 'Prqperty0); and
WHEREAS, the owners are presently applicants before the City
of Miami City Commission for- & ;change oE.*zoninq classification in
the Official Zoning. Atlas of the=City of '?fismj, from RC -1/3 (Gen-
eral Residential) to CR -2/7 %; (Commercial:--Re'sidential) for' the
r
above-di3cribed property, I *si'atbW south �.I%f oat', thereof? and
WHEREAS, the Owners ar:
desirous 6 t1alking -4. binding commit-
it"2
meet ". assure that the Property-. shall', So - developed in accordance
AR
RM
with the provisions of this.' Declaratio
Now. TEMPin—ORE, the, owners'A Valuiitarily c6benant and agree
that the Property shall bel,'ect, 'to' t e.1611owing restrictions
that are intended and sha d'
;i be ."covenants running
with the land binding upon erso-i!'tbe 'Ptoperty, and qbeir
successors and assigns an
A. Building eight . a ion. The 'height -- -of buildings
f "the r . ty*lin* of the
located Within fifty (50) feet .--vvo-
Sam pzope
N
Property along S.W. 22hd Te"t ra'dift"sfia 11
ndeexce4d,two (2) stories
or thirty-five (35) feet. r
B. Landscape 'Prior to issuance' -'6f a
building pdriiit 'on the Proper
Y, own erz.shall obtain' approval of
( J P 4paced bye
Creenbec 9 ri -Txigurig, . Ankeir,
Eottman tipaf f Y!3A04en a 'QtM3jtftl;- P.JL_
1401. af:rckbll &Vftn0o;,-
ida 33131
U�1 "3- 609
.
PAGE 19
:6298559
81I?1/1496 21:38 - - •
7.
�.�1±''ess
a landscape pian from the -City.. -�,Ml iiig,Qepartmenjt::which
plan shall reflect a landscap4-.:Duffer-with a width a twenty (2a)
feet along the entire south property, line of theProperty a ong
S.W. 22nd Terrace. This buffer will contain landscaping inclined
towards a six fact high masonry wall which Owners shall construct
at the northern boundary of the tweA�W--foot landscaping buffer.
The landscaping of,the Property shall be installed in conformity
with said landscape plans and the Owners shall also be rfxpon-
sible for the permanent maintenance•of :the landscaping on the
Property. Ov%fers agree to cfaapl:ete construction of the mitsonry
wall within ninety days from,the.date of final zoning approval.
C. vehicular Access- Limitation_. No vehicular access for
ingress or egress ..shall be permitted cross -the south pr'aperty
line of the Property along S.W. r.
;22nd Tezrace..'-
D. Site Plan. Owner agrees to -develop the Property sub-
stantially in accordance with,.'the:site'plan. entitled 'Radio M.ambi
.. • :.'••:•., � .
Property' dated 1/5/88, resised:l/Z5/88taad,prepared by Chisholm
Santos and Raimundez.
Z. Pzrking. Owner• agrees; that"parking:?rovided for any
development an the Property .shah ; be.,• a minimum ..of •110• of that
required by the City of Miami_'166ing•Code.,.;
P. Child Care Contribution,. Owner agrees to contribute
the sum of .$5,000.00 to the -Parks Improvement Trust Fund for Child
Care Facilities prior to issuance of a'certificate of occupancy
for any building to be constructed on the Property_
G. Coamencement of Deeeloaeeerst_': owners agree to begin
development on the property btecuring a buf2diisg permit within
cne year from the date of f'iaaS=,zoning approval., In the event
that a permit is not secured 4ithin that: time,, the City Camaais-
sion may reconsider the grant of,.zoning,approval.,..
R. Effective Date. If--, the City Commission of the City
approves the Owners' pending' application for an amendment to the
City o! 7-rRlami zoning Atlas, .•,and•. after. approval has become
final and cion -appealable, -this instrument shall constitute a
:::`. : 4,�*,
0111il199a 21:38 3 ;84559
,PAGE 11 • '
:
•y..:.. ' ..
covenant running with the `title:.ko-'the'hPioeerty%and be' binding
upon the owners, their succeaaors'. and assigns. These restric-
tions shall be for the benefiE..and Iimitation upon 'all present
and future owners of the Property Wand for the public welfare.
I. Amendment and Modification. Thi-_ instrument may be
modified, am,nded or released as to .awry portion of the Property
i
by a written instrument executed by the then o•+mer of Ehe• fee-
simple title to the land to be effected by such modification,
amendment or release providing that same has been approved by the
City of Miami, Eoamaission. Should this instr=ew-- be so modified,
amended or r:alessed, the Director of the.Pllnaing Department er
his successor, shall execute a: written instrument in recordable.
form effectucting and acknowledging such modificn..tion, amendment
or release.
J. Tern of Covenant. This voluntary covenant an the part
of the Owners. shall. remain in:'full";foree and effect and shall be
binding upon the owners, theSr:`.successors and assigns for an
initial pericel of thirty (30)". :years, from; the date of this instru-
tis .: •. . i
went is recorded in the public:'records and, shall be automatically
extended for successive periods!;;of ten :. (lD}`'years thereafter
unless modified, ascended or •.releasedi:pricr Ea . -the expiration
thereof.
R.
occurred on the Property at
lawful permit issued by the'
and approval of occupancy
create a presumption that : the
strutted comply with the intei
Restrictive Covenants and sai
as a cloud on title to, any
development has occurred.
L. Ins-oection_ and Eizf
agreed that any official insj
the privilege at any' time • dul
nee. .':Where construction has
portion"thereof," pursuant to a
4of Miami; and inspections made
iA.by the'; City, :the same shall
tIdinqs•=or structures thus con -
td �spi=].t: of. this' Declaration of
aarationlfahall not be construed
slid �aproperty=` upon which",.'.said
:went '.: 'It is' understood and
: of !the City of Miami may have
�norsaal working hours, to deter -
PAGE 12
311
mine whether the conditionaVai,-"*thi`
Declaratlon 'are being cam -
plied with. An enforcement,, ug"fit 'by the City or
by any property owner withiii X375 feet" of' the Property and shall
be by action at law or e46ity agiinst any party or person
violating or attempting to 'violate any covenants, either to
restrain violations or to recover dawwqs. The prevailir)g party
In the action or suit shall- be entitled to recover' costs and
reasonable attc:neys fees. enforcement -provision shall be
in addition to any. other r emed- i ia available under the law.,
M. '.ev-_rab:Llit:V- -1nvAlidation.of_ar.y_-one of these cove-
nants by fudgment of Court;'shall naiaff*ct any of the other
provisions of this Declaritiori, 'which':shall 'remain in ful,;L force
and effect- provid6d, hOVeVtr, that.- such invalidation "may be
grounds for the City to amen zoning -'and/or land -one regula-
tions applicable to the Prapqikt:j.:;
N. 7.2carding. This Declaration:sball be* filed of record
among the 7!ublic Records of Dade County,rrlorida,.'at the cost of
the Owners.
1N WIT SS W=RECF, the'=deriigned.bave set their hands and
seals this
_i.nd day of March
nesses:
INC., a
--Flortdak carporation
' ;,...r� � 1. ,• '' .�._.r.-s.
ii -
T.
.y<V Q.`
rA 0.
;T
4.
;A
s4
rA 0.
01/11/1994 21:38 1 94559 COSMQ PAGE 13
STATE or no
COMITY or DADE
t
Before mt,the un d e r'si 9' ed a"'uth'o-'r i*t*y, personally
appeared
AMMC10 V. .
---------------- the President
=Z==_ o=' Challenge-. hives tz*
ents,
Inc who acknowledged on th�fi indo : '�a=`
day f ch 1888,
that he had the authority to execute . "
tV-'r-_Zoregoiz:q instrument for
the
purDozes
Zy
NOTARY . PT-MLIc
F
State-O
---S4Cr' da At Large
My Commission Expires:
PODUC- VATV OW MCIMA.
A
.STATE or pLCR*IDA
COCITT'T or DAZE SS:
Before me, thet h
Undersi
.:�au or
... ��. 1 '-,�-Perscna-UY appeared
JORGE PODPZ =E2 and k . ..:. V " 1 - *Z_7-- - -:
c now edged! i6n this 2nd, day of March
39881 that he executed the
oregoing instrument: for
expressed therein_
Purposes
therein.
NOTARY P-LIC
State-of rjo=ida At Large
Met
MY Commission EZ.Zir".
ar
*C'rAJ" COMMMIc- Arm"
IjMCW "Q371 rLamea.
lvqh
F5,14
W
6;
A
T SIR
I ZX
W-1
03- 609
{
O
1
C+7
LEGEND
F ' LOBBY - 1,281 S.F.
I RESIDENTIAL (10 UNITS) =6,154 ST
( RETAIL n 18,432 S.F.
---PARKING= 39,405 S.F.
HORIZONTAL CIRCULATION= 410 S.F.
® VERTICAL CIRCULATION • 1,8.55 S.F.
(- - - B.O.M. - 4,957 S.F.
TOTAL GROUND FLOOR = 72,504 O.S.F.
TOTAL (IST FLOOR): PARKING
W,M TONMNWSES PARKING =10 SPACES
r'" HANDICAP PARKING = 3 SPACES
r".1 RETAIL PROPERTY MANAGER/ STAFF
PARKING = 5 SPACES
' VALET PARKING =56 SPACES
POST OFFICE PARKING = 1 SPACE
L 1 DELIVERIES PARKING = 2 SPACES
LOADING PARKING = 2 SPACES
TOTAL (1ST FLOOR) PARKING = 79 SPACES
TOTAL PARKING GARAGE= 427 SPACES
'TOTAL (S.W. 22ND TERR.) PARKING = 10 SPACES
TOTAL PROJECT PARKING = 437 SPACES
'10 Townhouse Perking Spaces along S.W. 22nd Ten.
ere pending upon aPProval of Cdy of Miami
1St FLOOR PLAN
Scale: 1" = 30'-0"
r- - - - - - - - - - - - - - - - - - -- - - - - - - - -- - - - --
r ' i
=a
TO r, ter: =u ire m �n n, •:�� cu I'e1 lfl e' 1_(l u ex H� �M -aJ moi- n, a� w ��.a mor
I
N I
o
_ ao p
I ❑ � � N � � -'� _u ex_ ��� e - w �r�x � r' naw �w x N w u u u u ,o, '
_ i t
r
I 11 AAA
H�
I p a, No I I
� I
21
I o
I
I � � � ` v I my nv nv ( eov e,w a -v uv eav �esv �xv ww xv av xH � mow,• ao:� • amJ _':� • we � , ooe aoa � � oou � - - -,a � i I
x.� I
I
I
I rsv nw r,w r v xv x et -v esv esv xv esv nw ery xv xv xv nw ,r n � .xa ,a , e w , e
e I
1
IT
, _-_-
I
----------------------
Cry
G^
LEGEND
I - RESIDENTIAL (10 UNITS) = 8,154 S F.
PARKING = 59,832 S.F.
7® VERTICAL CIRCULATION = 1.405 S.F.
_ B.O.H. =190 S.F.
STORAGE = 439 S.F.
[---]BALCONIES= 412 S.F.
TOTAL SECOND FLOOR= 68,432 G.S.F.
r-1 TOTAL (2ND FLOOR) HANDICAP PARKING
= 3 SPACES
TOTAL (2ND FLOOR) RESIDENTIAL PARKING =
138SPACES
'TOTAL (?NO FLOOR) VISITORS PARKING = 33
SPACES
TOTAL (2ND FLOOR( PARKING = 174 SPACES
2nd FLOOR PLAN
Scale: 1" = 30'-0"
LEGEND
( - - RESIDENTIAL (ROOF AREA) = 6,436 S.F.
I PARKING = 59,894 S F.
VERTICAL CIRCULATION = 1,385 S.F.
( B.O.H. - 102 S.F.
[ _] STORAGE = 615 S.F.
TOTAL THIRD FLOOR - 68,432 Q.S.F.
TOTAL (3RD FLOOR) HANDICAP PARKING =
3SPACES
TOTAL (3RD FLOOR) RESIDENTIAL PARKING =
171 SPACES
TOTAL (3RD FLOOR) PARKING = 174 SPACES
N
3rd FLOOR PLAN
Scale: 1" = 30'-0"
J-00-1028
12/14/00
Rte 9508 Ps. 2319
0IROBOB64 2001 FEB 20 15:1
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), APPROVING WITH
CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING
ORDINANCE NO. 11000, FOR THE CORAL VIEW
PROJECT, A MIXED USE PROJECT TO BE LOCATED
AT APPROXIMATELY 2960, 2980 AND 3014
SOUTHWEST 22nd STREET AND 2963, 2975, 3001,
3015 AND 3019 SOUTHWEST 22nd TERRACE, MIAMI,
FLORIDA, TO BE COMPRISED OF NOT MORE THAN
226 RESIDENTIAL UNITS, ACCESSORY
RECREATIONAL SPACE, 16,897 SQUARE FEET OF
RETAIL AND OTHER NONRESIDENTIAL USE AND
421 PARKING SPACES; DIRECTING TRANSMITTAL OF
THE HEREIN RESOLUTION; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 6, 2000, BAP Development, Inc.,
(hereinafter referred to as the "APPLICANT"), submitted a
complete Application. -"for Major Use Special Permit for the Coral
View Project (hereinafter referred to as the "PROJECT") pursuant
to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the
property located at approximately 2960, 2980 and 3014 Southwest
22nd Street and 2963, 2975, 3001, 3015 and 3019 Southwest 22nd
E^ •^ - ^ n • ^ , - F
raGi• isci
CITY COQ
4 2000
1
03- G09 of-
R -C 10 08 PG. 2326
Terrace, Miami, Florida, as legally described on "Attachment
No. 1", attached hereto and in "Exhibit A", the Development
Order attached hereto; and
WHEREAS, development of the PROJECT requires the issuance
of a Major Use Special Permit pursuant to Article 17 of Zoning
Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, -the Large Scale Development Committee met on
October 11, 2000, to consider the proposed PROJECT and offer its
input; and
WHEREAS, the APPLICANT has modified the proposed PROJECT to
address the expressed technical concerns raised at said Large
Scale Development Committee meeting; and
WHEREAS, the Urban Development Review Board met on
October 18, 2000, to consider the proposed PROJECT and
recommended approval, with conditions as specified in the
minutes and attached Development Order of the PROJECT; and
WHEREAS, the Miami Zoning Board, at its meeting held on
September 11, 2000, Item No. 7, following an advertised public
hearing, adopted Resolution No. ZB 71-00 by a vote of seven to
zero (7-0), RECOMMENDING APPROVAL of the Major Use Special
Permit Development Order as attached hereto; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
held on November 15, 2000, Item No. 7, following an advertised
Page 2 of 9
2 03-- X0:9
REc 19508 PG. 2321
public hearing, adopted Resolution -No. PAB 71-00 by a vote of
seven to zero (7-0), RECOMMENDING APPROVAL of the Major Use
Special Permit Development Order as attached hereto; and
WHEREAS, the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami to
issue a Major Use Special Permit Development Order as
hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development
Order, attached hereto as "Exhibit A" and made a part hereof, is
approved subject to the conditions specified in said Development
Order, per Article 17 of Zoning Ordinance No. 11000, for the
Coral View Project (hereinafter referred to as the "PROJECT") to
be developed by BAP Development, Inc., ("APPLICANT"), at
approximately 2960, 2980 and 3014 Southwest 22nd Street and 2963,
2975, 3001, 3015 and 3019 Southwest 22nd Terrace, Miami, Florida,
more particularly described on "Attachment No. 1" and on
Page 3 of 9
� - 609
REC 9508 PG. 2322
"Exhibit A", of the Development Order, attached hereto and made
a part hereof.
Section 3. The PROJECT is approved for the construction
of up to 226 residential units, with accessory recreational
space, 16,897 square feet of retail and other nonresidential
uses and 421 parking spaces.
Section 4. The Major Use Special Permit Application for
the PROJECT also encompasses the lower ranking Special Permits
as set forth in the Development Order, attached as "Exhibit All
hereto and incorporated herein.
Section 5. The findings of fact set forth below are
made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted
Miami Comprehensive Neighborhood Plan 1989-2000,
as amended.
b. � The PROJECT is in accord with the C-1 Zoning
classifications of Zoning Ordinance No. 11000,
the Zoning Ordinance of the City of Miami,
Florida, as amended.
C. Pursuant to Section 1305 of the Zoning Ordinance
of the City of Miami, Florida, the specific site
Page 4 of 9 ___
OFF 10508 PG. 2323
plan aspects of the PROJECT, i.e., ingress and
egress, parking, signs and lighting, utilities,
drainage, preservation of natural features and
control of potentially adverse effects generally,
have been considered and will be further,
considered administratively during the process of
issuing a building permit and a certificate of
occupancy.
d. The PROJECT is expected to cost approximately
$21.8 million, and to employ approximately 155
workers during construction (FTE -Full Time
Employees); the PROJECT will also result in the
creation of approximately 29 permanent new jobs.
The PROJECT will generate approximately $479,247
annually in tax revenues to local units of
government (2000 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact orr
the
economy of
the
City;
(2) the
PROJECT
will
efficiently use public
transportation facilities;
(3) any potentially adverse effects of the
PROJECT will, be mitigated through compliance
Page 5 of 9
03- 609
REC 13508 PG. 2324
with the conditions of this Major Use
Special Permit;
(4) the PROJECT will favorably affect the need
for people to find adequate housing
reasonably accessible to their places of
employment;
(5) the PROJECT will efficiently use necessary
public facilities;
(6) the PROJECT will not negatively impact the
environment and natural resources of the
City;
(7) the PROJECT will not adversely affect living
conditions in the neighborhood;
(8) the PROJECT will not adversely affect public
safety;
(9) based on the record presented and evidence
presented, the public welfare will be served
by the PROJECT; and
(10) any potentially adverse effects of the
PROJECT arising from safety and security,
fire protection and life safety, solid
waste, heritage conservation, trees,
shoreline development, minority
participation and employment, and minority
Page 6 of 9 ® ��-
011— 609
R'tC' 19508 PG. 234.a
contractor/subcontractor participation will
be mitigated through compliance with the
conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved
and amended, shall be binding upon the APPLICANT and any
successors in interest.
Section 7.
The application
for
Major
Use
Special
Permit, which was
submitted on October
6,
2000, and
on
file with
the Department
of
Planning
and
Zoning of
the City Of Miami,
Florida, shall
be
relied
upon
generally
for administrative
interpretations
and
is made
a part
hereof by
reference.
Section 8. The City Manager is directed to instruct the
Director of the Department of Planning and Zoning to transmit a
copy of this Resolution and attachment(s) to the developers:
Adrienne Pardo, Esq. on behalf of BAP Development, Inc.,
1221 Brickell Avenue, Miami, F1. 33131.
Section 9. The Findings of Fact and Conclusions of Law
are made with respect to the PROJECT as described in the
Development Order for the Coral View Project, which is attached
hereto as "Exhibit A" and made a part hereof by reference.
Page 7 of 9
03- 609
"1 19508 PG. 2?16
Section 10. The Major Use Special Permit Development
Order for the Coral View Project ("Exhibit A") is granted and
issued.
Section 11. In the event that any portion or section of
this Resolution or the Development Order ("Exhibit A") is
determined to be invalid, illegal, or unconstitutional by a
court or agency of competent jurisdiction, such decision shall
in no manner affect the remaining portions of this Resolution or
Development Order ("Exhibit A") which shall remain in full force
and effect.
Section 12. The provisions approved for this Major Use
Special Permit, as approved, shall commence and become operative
thirty (30) days after the adoption of the herein Resolution.
Section 13. This Major Use Special Permit, as approved,
shall expire two (2) years from its commencement and operative
date.
Section 14. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
�i If the Mayor does not sign this Resolution, it shall become effective
at the end of ten calendar days from the date it was passed and
adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
Page 8 of 9 03- 609
RE"' C 19508 PG. 23't
PASSED AND ADOPTED this 14th day of December ,
2000.
JOE CAROLLO, MAYOR
In ccordance with Miami Code Sec. 2-35, sine the h wVor di -1 not ire ^atn: n-nrev; ` -,.g
�)'i� ,:._ ,•<lton bV $tgRti?3 tt in t:l: pia— ^fir;^,._ _. ....... ..._..• .." ,
cd`Oct i7 trod} hz +ten �. :: 'I' -
da ,, •/ M -.
' .11'. � t.i �. ��:-r..:.. V, •:,� i IL {i...�. v.�,tl ti lv: li'vvtl
n .i.2.a1. I@ Sa: i ce, 4YIIh01li tine F: is .... t
a
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED,AnrO FO AND,fORRECTNESS-16
7 TT ATTORNEY
4880Nea :BSS
.,:x .
ri. ...*I is C! aJ.c14, "
Page 9 of 9
03- 609
REC 13508 Po. 23 P S
#jORAL VIEW APARTMENTS
MAJOR USE SPECIAL PERMIT
1. Legal Description: LOTS 7, 8, 10, 11, 12, 15 AND 16 BLOCK 2 OF THE
AMENDED PLAT OF MIAMI SUBURBAN ACRES -
ACCORDING TO THE PLAT WHEREIN AS DESCRIBED
IN PLAT BOOK 4, AT PAGE 73, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS AND
EXCEPT THAT PORTION OF SAID LOTS 7, 8, 10, 11,
12, 15 AND 16 LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE: COMMENCE AT THE
N.W. CORNER OF SAID LOT 16:114 NCE 50'00 19 - W,
ALONG THE WEST LINE OF SAID LOT 16 FOR 33.24
NCT 10 THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED LINE: NCT 5009 4H'50 - E.
FOR 350.21 FET TO A POINT ON THE EAST UNE OF
SAID LOT 7 AND THE POINT OF TERMINATION.
AND
LOTS 23, 24, 25, 26, 27, 28 AND 29, BLOCK 2 OF THE
AMENDED PLAT OF MIAMI SUBURBAN ACRES -
ACCORDING TO THE PLAT WHEREOF AS RECORDED
IN PLAT BOOK 4 AT PAGE 73, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS AND
EXCEPT THE SOUTHERLY 10.00 FEET THEREOF.
"ATTACHMENT 1"
609
REE 19508 PG. 23ti9
"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO. 00-1136
DATE: December 14, 2000
CORAL VIEW PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 13 and 17 of
Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended, (the "Zoning Ordinance") the Commission of
the City of Miami, Florida, has considered in a public hearing,
the issuance of a Major Use Special Permit for the Coral View
Project (hereinafter referred to as the "PROJECT") to be located
at approximately 2960, 2980 and 3014 Southwest 22nd Street and
2963, 2975, 3001, 3015 and 3019 Southwest 22nd Terrace Miami,
Florida; see legal description on "Exhibit A", attached hereto
and made a part hereof; said legal description is subject to any
dedications, limitations, restrictions, Ireservations or
easements of record.
After due consideration of the recommendations of the Planning
Advisory Board and after due consideration of the consistency of
this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT,
a
03- 609
Rkc �50� PG. 2*330
and subject to the following conditions approves the Major Use
Special Permit and hereby issues this Permit.
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a residential/mixed use development
to be located at approximately 2960, 2980 and 3014 Southwest 22nd
Street and 2963, 2975, 3001, 3015 and 3019 Southwest 22nd
Terrace, Miami, Florida. The PROJECT is located on a gross lot
area of approximately 2.06 acres and a net lot area of
approximately 2.67 acres of land (more specifically described on
"Exhibit All, incorporated herein by reference). The remainder
of the PROJECT DATA SHEET is attached hereto as "Exhibit B", and
incorporated herein by reference.
The proposed PROJECT will consist of no more than 226
residential units with accessory recreational space, 16,897
square feet of retail and other nonresidential uses. The
PROJECT will also provide a total of 421 parking spaces.
The ownership, operation and maintenance of common areas
and facilities will be by the property owner or (in the case of
Page 2 of 10 ofie �►
�� �0(9
REG 1505 PG. 233
the property being converted to condominiums) a mandatory
property owner association in perpetuity pursuant to a recorded
Declaration of Covenants and Restrictions.
The Major Use Special Permit Application for the Coral View
Project also encompasses the following lower ranking Special
Permits and Variance:
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6, for
active recreational facilities (including a swimming pool);
CLASS I SPECIAL PERMIT as per Section 915.2 for FAA
clearance letter;
CLASS I SPECIAL PERMIT as per Article 9, Section 917.2.1,
to allow valet parking for residential use;
CLASS I SPECIAL PERMIT to permit staging and parking during
construction (to be approved prior to obtaining a building
permit from the Department of Planning and Zoning);
CLASS I SPECIAL PERMIT for temporary construction trailer;
CLASS I SPECIAL PERMIT for a temporary leasing/sales
trailer;
CLASS I SPECIAL PERMIT for development / construction /
rental signage;
CLASS II SPECIAL PERMIT for temporary construction fence;
CLASS II SPECIAL PERMIT as per Section 908.2 for access
from a public street or roadway width greater than 25 feet;
CLASS II SPECIAL PERMIT as per Article 9, Section 923, for
reduction in loading berth dimensions (as specified in the
application);
Special Exception as per Article 4, Sec. 401, to allow
bar/lounge open to the public;
Page 3 of 10 Ho"I Mb
•
609
RC 19508 PG. 23`x`?
Special Exception as per Article 9, Sec. 917.1.2, to allow
valet parking for restaurant up to 50% of existing off-
street parking spaces;
Variance pursuant to Zoning Ordinance No. 11000, as
amended, Article 4, Section 401, for building footprint;
Certificate of Approval for development of property (trees)
along a Scenic Transportation Corridor (City Code
Chapter 17);
Waiver from the City Commission for the following:
1. Noise Ordinance during the required concrete pours for
construction of the building.
Pursuant to Articles 13 and 17 of Zoning Ordinance
No. 11000, approval of the requested Major Use Special Permit
shall be considered sufficient for the subordinate permits
requested and referenced above as well as any other special
approvals required by the City which may be required to carry
out the requested plans.
The PROJECT shall be constructed substantially in
accordance with plans and design schematics on file prepared by
Bermello Ajamil & Partners, Inc., dated October, 2000;- the
landscape plan shall be implemented substantially in accordance
with plans and design schematics on file prepared by Elizabeth
Newland, dated October, 2000; said design and landscape plans
may be permitted to be modified only to the extent necessary to
comply with the conditions for approval imposed herein; all
modifications shall be subject to the review and approval of the
Page 4 of 10 _
REq 13508 Po. 2333
Director of the Department of Planning and Zoning prior to the
issuance of any building permits.
The PROJECT conforms to the requirements of the C-1 Zoning
District, as contained in the Zoning Ordinance.
The existing comprehensive plan future land use designation
on the subject property allows the proposed mix of residential
and commercial uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, OR AS
SPECIFIED BELOW, SHALL COMPLY WITH THE FOLLOWING:
1. meet all applicable building codes, land development
regulations, ordinances and other laws;
2. pay all applicable fees due prior to the issuance -of a
building permit;
3. allow the Miami Police 'Department to conduct a security
survey, at the option of the Department, and to make
recommendations concerning security measures and systems;
further submit a report to the Department of Planning and
Zoning, prior to commencement of construction,
demonstrating how the Police Department recommendations, if
Page 5 of 10 0
03- 609
REC 13508 PG. 2334
any, have been incorporated into the PROJECT security and
construction plans, or demonstrate to the Director of the
Department of Planning and Zoning why such recommendations
are impractical;
4. obtain approval from, or provide a letter from the
Department of Fire -Rescue indicating APPLICANT'S
coordination with members of the Fire Plan Review Section
at the Department of Fire -Rescue in the review of the scope
of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific
requirements for fire protection and life safety systems,
exiting, vehicular access and water supply;
5. obtain approval from, or provide a letter of assurance from
the Department of Solid Waste that the PROJECT has
addressed all concerns of the said Department prior to the
obtainment of a shell permit;
6. prepare a Minority Participation and Employment Plan
(including a Contractor/ Subcontractor Participation Plan)
to be submitted to the City's Director of Equal Employment
Opportunity for review and comments, with the understanding
that the APPLICANT must use its best efforts to follow the
provisions of the City's Minority/Women Business Affairs
and Procurement Program as a guide;
7. record the following in the Public Records of Miami -Dade
County, Florida, prior to the issuance of a shell permit:
(a) a Declaration of Covenants and Restrictions providing
that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a
- - Page 6 of 10 l� --
�;3 - 609
n� 13508 PG. 2335
mandatory property owner association in perpetuity; (b) a
certified copy of the development order specifying that the
Development Order runs with the land and is binding on the
APPLICANT, its successors, and assigns, jointly or
severally;
8. prior to the issuance of a shell permit, demonstrate to the
City that the PROJECT has either: (a) completed its
condominium requirements and has been approved for such by
the State of Florida; or (b) provide the City with an
executed, recordable unity of,title or covenant in -lieu of
unity of title agreement for the subject property; said
agreement shall be subject to the review and approval of
the City Attorney's Office;
9. provide the Department of Public Works with plans for
proposed sidewalk and swale area improvements for its
review and approval prior to the issuance of a building
permit;
10. provide the Department of Planning and Zoning with a
temporary parking plan, including an operational plan,
which addresses construction employee parking during the
construction period; said plan shall be subject to the
review and approval by the Department of Planning and
Zoning prior to the issuance of any building permits and
shall be enforced during construction activity;
11. pursuant to the Departments of Fire -Rescue and General
Services Administration, the roof area of the proposed
structures shall be made available to the City of Miami for
Page 7 of 10 109 117, 6
03- 609
REC 19508 PG, 2336
any necessary communications equipment at no charge to the
City; and
12. pursuant to the condition from the Urban Development Review
Board, and staff design review comments, the APPLICANT
shall submit final design details, including materials,
color schemes, the projects solution for urban design for
the elevations along Southwest 22nd Terrace, and final
landscape and lighting plan, to the Director of the
Planning and Zoning Department for review and approval,
prior to the issuance of a building permit.
THE CITY SHALL:
Establish the operative date of this Permit as being
thirty (30) days from the date of its issuance; the
issuance date shall constitute the commencement of the
thirty (30) day period to appeal from the provisions of the
Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the applicant, BAP Development,
Inc., ("APPLICANT"), complies with the Miami Comprehensive
Neighborhood Plan 1989-2000, is consistent with the orderly
development and goals of the City of Miami, and complies with
local land development regulations and further, pursuant to
Section 1703 of the Zoning Ordinance:
Page 8 of 10 . � ���
03 609
Rtc 10508 PG. 23'7
(1) the PROJECT will have a favorable impact on the
economy of the City; and
(2) the PROJECT will efficiently use public transportation
facilities; and
(3) the PROJECT will favorably affect the need for people
to find adequate housing reasonably accessible to
their places of employment; and
(4) the PROJECT will efficiently use necessary public
facilities; and
(5) the PROJECT will not negatively impact the environment
and natural resources of the City; and
(6) the PROJECT will not adversely affect public safety;
and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be
mitigated through conditions of this Major Use Special
Permit.
The proposed development does not unreasonably interfere
with the achievement of the objectives of the adopted State Land
Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of the Zoning Ordinance, the
specific site plan aspects of the PROJECT i.e., ingress and
Page 9 of 10
03- 609
. REQ 1508 PG, 239
CORAL VIEW APARTMENTS
MAJOR USE SPECIAL PERMIT
1. Legal Descriptlon: LOTS 7, 8, 10, 11, 12, 15 AND 16 BLOCK 2 OF THE
AMENDED PLAT OF MIAMI SUBURBAN ACRES -
ACCORDING TO THE PLAT WHEREIN AS DESCRIBED
IN PLAT BOOK 4, AT PAGE 73, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS AND
EXCEPT THAT PORTION OF SAID LOTS 7, 8, 10, 11,
12, 15 AND 16 LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE: COMMENCE AT THE
N.W. CORNER OF SAID LOT 16:114 NCE 50'00 19 - W,
ALONG THE WEST LINE OF SAID LOT 16 FOR 33.24
NCT 10 THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED LINE: NCT 509 4H'50 - E.
FOR 350.21 FET TO A POINT ON THE EAST LINE OF
SAID LOT 7 AND THE POINT OF TERMINATION.
AND
LOTS 23, 24, 25, 26, 27, 28 AND 29, BLOCK 2 OF THE
AMENDED PLAT OF MIAMI SUBURBAN ACRES -
ACCORDING TO THE PLAT WHEREOF AS RECORDED
IN PLAT BOOK 4 AT PAGE 73, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS AND
EXCEPT THE SOUTHERLY 10.00 FEET THEREOF.
"EXHIBIT A" 0 6 0 9
SEC 19508 Pc, 2340
CORAL VIEW APARTMENTS
MAJOR USE SPECIAL PERMIT
Project Data Sheet
1. Legal Description:
LOTS 7, 8, 10, 11, 12, 15 AND 16 BLOCK 2 OF THE
AMENDED PLAT OF MIAMI SUBURBAN ACRES -
ACCORDING TO THE PLAT WHEREIN AS DESCRIBED
IN PLAT BOOK 4, AT PAGE 73, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS AND
EXCEPT THAT PORTION OF SAID LOTS 7, 8, 10, 11,
12, 15 AND 16 LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE: COMMENCE AT THE
N.W. CORNER OF SAID LOT 16:114 NCE 5V00 19 - W,
ALONG THE WEST LINE OF SAID LOT 16 FOR 33.24
NCT 10 THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED UNE: NCT 509 4H50 - E.
FOR 350.21 FET TO A POINT ON THE EAST UNE OF
SAID LOT 7 AND THE POINT OF TERMINATION.
AND
LOTS 23, 24, 25, 26, 27, 28 AND 29, BLOCK 2 OF THE
AMENDED PLAT OF MIAMI SUBURBAN ACRES -
ACCORDING TO THE PLAT WHEREOF AS RECORDED
IN PLAT BOOK 4 AT PAGE 73, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS AND
EXCEPT THE SOUTHERLY 10.00 FEET THEREOF.
2. Address:
SW 22 Street (Coral Way) & SW 31 Avenue
3. Zoning Classification:
City of Miami C-1 (Restricted Commercial)
4. Lot Area:
Gross Area
Net Area
2.67 acres or 116,000 sq. ft.
2.06 acres or 89,746 sq. ft.
S. Density:
Units/Acre Allowed: 150 units/acre
Units/Acre Provided: 110 units/acre
"MMIBIT B"
Page 1 of 2
03— 609
REC 10508 PG. 2L .,8
egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of
potentially adverse effects generally have been considered and
will be further considered administratively during the process
of issuing individual building permits and certificates of
occupancy.
Page 10 of 10
3 609
OFF 10508 PG. 2341
Project Data Sheet (Cont.)
S. Allowable Area:
Floor Area Ratio (FAR): Allowed 1.72
PUD Bonus 20% (2.06) Provided 2.20
7. Loading Berths: Reauired: Pr vi d:
4 loading berths 1 loading berths 12 ft. x 35 ft.
@ 12 ft. x 35 ft. 3 loading berths 10 ft. x 20 ft.
(by Class 11)
a. Height:
A! :
Unlimited
9. Building Footprint: 46,400 sq -ft.
10. Number of Parking Spaces: R it :
416
Handicapped spaces
11. Open Space:
R it
9
Provided:
185'-3"
71,671 sf
Provided:
429
Prvie:
9
Recuired Provided
11,600 (10%) 11,750 (10.1%)
12. Setbacks:
SW 22 Street (Coral Way)
Reauired:
10 ft.
SW 22 Terrace
Reauired:
10 ft.
Interior Sides 0 ft.
"EXHIBIT Br"
Page 2 of 2
Provided:
10 ft.
Provided:
10 ft.
10 ft.
03- 60
�3)- F
STATE OF FLORIDA
COUNTY OF MIAMI -DARE
CITY OF MIAMI )
REE 19508 P6. 2342
I
I, WALTER J. FOEMAN, City Clerk of the City of Miami, Florida, and keeper
of the records thereof, do hereby certify that the attached and foregoing pages numbered 1
through 23, constitute a true and correct copy of a resolution with attachment(s) passed and
adopted by the City Commission meeting held on the 140i day of December 2000.
SAID RESOLUTION WAS DESIGNATED RESOL UTION NO. 00-1136.
IN WITNESS WHEREOF, I hereunto set my hand and impress the official seal
of the City of Miami, Florida this 16th day of February 2001.
(OFFICIAL SEAL)
`t'y 0 P
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.�n ,�•. f E'Is� Y�.., ....
WALTER J. FOEMAN
City Clerk
RECORDED IN OFFICIAL RECORDS gpOX
OF DADE COUNTY, rLORCA.
RECORD VERIHED
HARVEY RUViN
CLER , CIRGUIT COURT
03- 609
WE SUPPORT STREETSCAPE IMPROVEMENTS
FOR S.W. 22 D TERRACE
v
As residents of S.W. 22°d Terrace between 29th and 31" Avenues, we strongly request that the City of Miami allocate
impact fee funds for the following improvements along S.W. 22°d Terrace between 29t11 and 31s' Avenues: construction of a
curb, the filling of potholes, and the installation of landscaping along the right of way.
Como residentes del S.W. 22 Terrace entre la 29 y la 31 Avenida, nosotros le pedimos a la Ciudad de Miami que
aporten los fondo necesarios para las siguientes mejorias a to largo de la calle S.W. 22 Terrace entre 29 y la 31 Avenida:
construccion de aceras, reparacion del asfaltado a incremento de la arquitectura paisajista a to largo de la via.
NAME
ADDRESS
SIGNATURE
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WE SUPPORT CORAL VIEW APARTMENTS
(Nosotros apoyamos a los apartamentos de Coral View)
As residents of S.W. 22nd Terrace, we would like to express our support of the Coral View Apartments project and its
developer, BAP Development, Inc. We hereby request that the Miami City Commission approve the amendment to the
covenant which will permit eight (8) parking spaces in front of the townhomes proposed to be developed on S.W. 22nd Terrace.
Como residente del S.W. 22 Terrace, nosotros queremos expresar nuestro apoyo al Proyecto de Coral View y su inmobilaria,
BAP Development, Inc. Nosotros deseamos que la Ciudad de Miami nos aprueve el cambio correspondiete a la clausula que
nos permitiria ocho (8) espacios de estacionamento frente a los townhouses propuestos en la S.W. 22 Terrace.
NAME
ADDRESS
SIGNATURE
TELEPHONE
2
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